Patent continuation analysis

ABSTRACT

Various embodiments of the present disclosure include systems and methods for rating a patent continuation case by comparing the patent continuation case with a priority or parent patent case of the patent continuation case. Comparison elements are used in an embodiment with automatic comparison.

RELATED APPLICATIONS

This application claims the benefit under 35 U.S.C. 119(e) of U.S.Provisional Patent Application Ser. No. 61/542,545 filed Oct. 3, 2011,which is incorporated herein by reference in its entirety and made apart hereof. This application also claims the benefit under 35 U.S.C.119(e) of U.S. Provisional Patent Application Ser. No. 61/561,502 filedNov. 18, 2011, which is incorporated herein by reference in its entiretyand made a part hereof.

BACKGROUND

The management of a patent portfolio involves multiple stages.Initially, a decision is typically made as to what inventions are worththe investment of filing a patent application. Then, each filed patentapplication goes through prosecution with the patent office. Finally,for each patent that is allowed, maintenance fees are usually payable ata variety of intervals to keep the patent in force.

SUMMARY

Various embodiments of the present disclosure include systems andmethods for rating a patent continuation case by comparing the patentcontinuation case with a priority or parent patent case of the patentcontinuation case. Comparison elements are used in an embodiment withautomatic comparison. The rating assists a user, such as a patentportfolio manager, to make informed annuity payment decisions quickly.

BRIEF DESCRIPTION OF DRAWINGS

Some embodiments are illustrated by way of example and not limitation inthe figures of the accompanying drawings in which:

FIG. 1 is a schematic view of computer network system 100, according tovarious embodiments.

FIG. 2 is a user interface, as may be used in an example embodiment.

FIG. 3 is a block diagram of a system, according to example embodiments.

FIG. 4 is a flow chart showing a method, according to an example methodembodiment.

FIG. 5 is a block diagram of a machine in the example form of a computersystem within which a set of instructions may be executed for causingthe machine to perform any one or more of the methodologies hereindiscussed.

DETAILED DESCRIPTION

The life cycle of a patent may include multiple stages. These stagesgenerally include invention, filing a patent application on theinvention, prosecuting the patenting application to allowance orabandonment, determining whether to file any continuing applications,and paying maintenance fees on the allowed patent.

At each stage, one or more parties determine the best course of actionto take with respect to the invention. For example, when determiningwhether or not to file a patent, the inventor may know what products areout in the technology area of the invention, a business manager may knowhow the invention fits in with a company's goals, and a patent attorneymay have researched existing patents or applications in the technologyarea of the patent. These parties will ultimately decide whether it isworth the initial investment of filing an application on the inventionand then determine the next course of action at each future stage.

In some instances, an inventor, business manager, or portfolio managermay wish to monitor the patent activities of one or more competitors.The provision of up-to-date information relating to cited references ortechnology trends in the art to which a user's or competitor's patentportfolio relates may be particularly helpful in devising patentingstrategy or making informed business decisions.

In various embodiments, a patent management system includes tools tohelp the parties involved in the patenting process make decisions ateach stage in the life of a patent. These tools may also be used forgeneral research by parties not immediately involved with the patentingof the invention. These tools may be used as standalone tools, incombination with other tools, and in combination with other patentmanagement systems. Examples of tools include, but are not limited to,prosecution analytics, patent and patent continuation analysis,reference management, prior art analytics, docketing management, claimmapping, claim analytics, portfolio analytics, external database (e.g.,Patent Application Information Retrieval “PAIR”) analytics, annuitymanagement, strategic monitoring, and a white space indicator.

The systems, methods, and tools of the present disclosure set forth inthis specification are described in relation to a patent managementsystem and patent matters, but it will be understood that embodiments ofthe present invention could equally be applied to other forms ofintellectual property (trademarks, copyright, registered designs, andthe like). Moreover, the term “patent” is not intended to be limited toan issued patent, but may include a pending patent application orun-filed application or invention disclosure. The term “user” or“registered user” is intended to cover any person interacting with thepatent management system. A user may be an inventor, portfolio manager,business manager or patent attorney, for example. A “user” or“registered user” may also be an annuity payment service provider suchas Computer Packages, Inc (CPI) or Computer Patent Annuities (CPA), forexample. In the patent field, the term “annuity fees” has been used torefer to payments required to renew granted patents, while the term“maintenance fees” has been used to refer to payments required tomaintain pending patent applications. In this specification, the terms“annuity fees” and “maintenance fees” are used interchangeably and referto any kind of payment required to keep a patent or patent application(or other intellectual property right) in force.

FIG. 1 is a schematic view of computer network system 100, according tovarious embodiments. The computer network system 100 includes a patentportfolio and annuity management system 102 (also called a portfoliomanagement system, or annuity management system) and user terminal 104,communicatively coupled via network 106. In an embodiment, patentportfolio and annuity management system 102 includes web server 108,application server 110, database management server 114, which is used tomanage at least operations database 116, and file server 118. Patentportfolio and annuity management system 102 may be implemented as adistributed system; for example, one or more elements of the patentportfolio and annuity management system 102 may be located across a widearea network (WAN) from other elements of patent portfolio and annuitymanagement system 102. As another example, a server (e.g., web server108, file server 118, database management server 114) may represent agroup of two or more servers, cooperating with each other, provided byway of a pooled, distributed, or redundant computing model.

Network 106 may include local area networks (LANs), WANs, wirelessnetworks (e.g., 802.11 or cellular network), the Public SwitchedTelephone Network (PSTN), ad hoc networks, personal area networks (e.g.,Bluetooth), or other combinations or permutations of network protocolsand network types. The network 106 may include a single LAN or WAN, orcombinations of LANs or WANs, such as the Internet. The various devicescoupled to network 106 may be coupled to network 106 via one or morewired or wireless connections.

Web server 108 may communicate with file server 118 to publish or servefiles stored on file server 118. Web server 108 may also communicate orinterface with the application server 110 to enable the web-basedpresentation of information. For example, application server 110 mayconsist of scripts, applications, or library files that provide primaryor auxiliary functionality to web server 108 (e.g., multimedia, filetransfer, or dynamic interface functions). In addition, applicationserver 110 may also provide some or the entire interface for web server108 to communicate with one or more of the other servers in the patentportfolio and annuity management system 102 (e.g., database managementserver 114). Web server 108, either alone or in conjunction with one ormore other computers in patent portfolio and annuity management system102, may provide a user-interface. The user-interface may be implementedusing a variety of programming languages or programming methods, such asHTML (HyperText Markup Language), VBScript (Visual Basic® ScriptingEdition), JavaScript™, XML® (Extensible Markup Language), XSLT™(Extensible Stylesheet Language Transformations), AJAX (AsynchronousJavaScript and XML), Java™, JFC (Java™ Foundation Classes), and Swing(an Application Programming Interface for Java™)

User terminal 104 may be a personal computer (PC) or mobile device. Inan embodiment, user terminal 104 includes a client program to interfacewith the patent portfolio and annuity management system 102. The clientprogram may include commercial software, custom software, open sourcesoftware, freeware, shareware, or other types of software packages. Inan embodiment, the client program includes a thin client designed toprovide query and data manipulation tools for a user of user terminal104. The client program may interact with a server program hosted by,for example, application server 110. Additionally, the client programmay interface with database management server 114.

Operations database 116 may be composed of one or more logical orphysical databases. For example, operations database 116 may be viewedas a system of databases, which when viewed as a compilation, representan “operations database.” Sub-databases in such a configuration mayinclude a matter database, portfolio database, user database, patentreference document or prior art database, product database, watchdatabase, and mapping database. The operations database or any one ofthe sub-databases may include a registry of patent matters of the typedescribed above. Operations database 116 may be implemented as arelational database, a centralized database, a distributed database, anobject oriented database, or a flat database in various embodiments.

Data stored in a first database may be associated with data in a seconddatabase through the use of common data fields. For example, considerentries in the patent database formatted as [Patent ID, Patent Number]and entries in the product database formatted as [Product ID, ProductName, Patent ID]. In this manner, a product entry in the productdatabase is associated with a patent in the patent database through thePatent ID data field. In various embodiments, a product may beassociated with more than one patent by creating multiple entries in theproduct database (one for each patent the product is associated with).In other embodiments, one or more patent reference documents may beassociated with a patent by creating multiple entries in the patentdatabase, for example. The formats and data field titles are forillustration purposes, and other names and formats may be used.Additionally, further associations between data stored in the databasesmay be created as discussed further herein.

During operation of patent portfolio and annuity management system 102,data from multiple data sources (internal and external) is imported intoor accessed by the operations database 116. Internal sources may includedata from portfolio management and annuity payment services affiliatedwith patent portfolio and annuity management system 102. Externalsources 120 may include websites or databases associated with foreignand domestic patent offices, assignment databases, World IntellectualProperty Organization “WIPO”, and International Patent Document Center“INPADOC”. For example, annuity amounts due and annuity due dates forpatent matters listed in the registry database may be drawn directlyfrom such data kept at a national patent office in electronic form. Invarious embodiments, the data is scraped and parsed from the websites ifit is unavailable through a database. The data may be gathered usingApplication Programming Interface “API” calls to the sources whenavailable. The data may be imported and stored in the operationsdatabase on a scheduled basis, such as weekly, monthly, quarterly, orsome other regular or periodic interval. Alternatively, the data may beimported on-demand.

After data importation, the data may be standardized into a commonformat. For example, database records from internal or external sourcesmay not be in a compatible format with the operations database. Dataconditioning may include data rearrangement, normalization, filtering(e.g., removing duplicates), sorting, binning, or other operations totransform the data into a common format (e.g., using similar dateformats and name formats).

FIG. 2 is an example user interface 200 of patent portfolio and annuitymanagement system 102. User interface 200 is illustrated with multipleuser interface elements. In an example embodiment, a user interfaceelement is a graphical or textual element with which a user may interactto cause an application to perform an assigned action for the interfaceelement. Data representing user interface 200 may be transmitted vianetwork 106 and presented on a display of user terminal 104 through theuse of a web browser. A user (e.g., manager of a patent portfolio) mayinteract with the user interface elements of user interface 200 throughthe use of an input device (e.g., stylus, cursor, mouse, finger) of theuser terminal. In an embodiment, a user selection is based on thecoordinates of the input device as it makes contact with the display orwhere a user “clicks” the mouse. The coordinates are compared to thecoordinates of the user input element to determine the selection. Thetype of user elements, names, and layout depicted in FIG. 2 are intendedto be an illustration of an example user interface of patent portfolioand annuity management system 102. Other types of user elements, names,and layouts may be used.

The user interface elements may include my matters 202, patent watches204, company watches 206, and patent continuation analysis 207. Theseelements may be used to select a context/view of the portfolio andannuity management system. For example, my matters 202 may list thepatents included within a portfolio of a user, or list patent matterstagged by a registered user in a registry database as described above.Patent watches 204 may list information on patents that the user hasindicated the management system is to watch, and company watches 206lists information on companies that the user has indicated the systemshould watch. Patent continuation analysis 207 may allow a user toperform comparison analysis on selected patent or patent continuationmatters using the methods described herein. Tag matters 209 may beselected to allow a registered user to tag patent matters in a registryfor payment of annuity fees. Further details of each of these areincluded herein.

Date boxes 208 and 210 are user elements that allow a user to select atime period (for example, to select a display of tagged patent mattersin the registry having annuity fees due in that period). Amount due box212 displays the amount due with respect to annuities for patents in theportfolio, or patent matters in the registry, of the user within theperiod indicated by date boxes 208 and 210. Upon activating (e.g.,clicking) one of the date boxes 208, 210, a user may be presented with acalendar, which allows the selection of a date. Upon selecting a date,the date boxes will update to reflect the user's choice.

Drop-down menu 214 includes a list of portfolios or registry listingsthat a user of the patent portfolio and annuity management system 102 isauthorized to view. For example, before user interface 200 is displayed,a login screen requesting a user ID and password may be presented to theuser. In various embodiments, the user ID is associated with one or moreportfolios. In turn, each portfolio is associated with one or morematters. Matters may include US and foreign issued patents, pendingpatents, abandoned patents, and not yet filed applications. Thus, uponselection of a portfolio using drop-down menu 214, user interface 200 ispopulated with matters associated with the portfolio or registrylisting.

Checkbox 216 is an option to only display matters that currently have anannuity due. Drop-down menu 218 allows further filtering of matters. Forexample, the matters may be filtered by US patents only, by US patentapplications, and by foreign applications only.

In various embodiments, activation of button 220 updates user interface200 to reflect the choices made by the user with respect to date boxes208 and 210, checkbox 216, and drop-down menu 218. For example, theamount due box 212 will be updated to reflect the amount due within thenew period, and the matters listed under column headings 222 may befiltered. In various embodiments, user interface 200 is updated as theuser selections are made with respect to elements 208 to 218 withoutactivating button 220.

FIG. 3 is a block diagram of patent portfolio and annuity managementsystem 102, according to an example embodiment. Illustrated are userdatabase 302, portfolio database 304, matter database 306, watchdatabase 308, product database 310, analytics database 312, input module314, parsing module 316, analytics module 318, display module 320,filtering module 322, mapping module 324, and payment module 326. Invarious embodiments, the data stored in databases 302, 304, 306, 308,and 310 may be in the same or multiple physical locations. For example,portfolio database 304 may be located in one or more computersassociated with a portfolio management service. In various embodiments,patent portfolio and annuity management system 102 may minor databasesstored in other locations. In an embodiment, when a request is made toaccess data stored in the databases, patent portfolio and annuitymanagement system 102 determines where the data is located and directsthe request to the appropriate location.

In an example embodiment, user database 302 stores data representingusers of patent portfolio and annuity management system 102. The datamay represent registered users who are registered to use the patentmatter registry database, for example. The data may include data fieldsof user credentials, including a user ID and password, and access rightswith respect to the patent portfolio and annuity management system 102.The user ID may be the same as the user ID of other systems associatedwith patent portfolio and annuity management system 102. For example theuser ID may be used in a portfolio management system. In this manner,access rights of the user with respect to the portfolio managementsystem may follow to the patent portfolio and annuity management system102. In various embodiments, each user ID is associated with one or moreportfolio IDs. Thus, when a user logs into the patent portfolio andannuity management system 102, the user is presented with access to onlythe portfolios that have been associated with that user ID. More orfewer data fields associated with a user may be included in a user entrystored in user database 302.

Portfolio database 304, in an example embodiment, stores datarepresenting portfolios of one or more matters. A matter may includeforeign or domestic issued patents in addition to applications. Datastored in portfolio database 304 may have been initially generated in aportfolio management system and imported into patent portfolio andannuity management system 102 through the use of one or more API callsor direct access to the data in the portfolio management system. Invarious embodiments, a portfolio may be generated by a user using thepatent portfolio and annuity management system 102. For example, a userinterface may be presented to the user requesting a portfolio name andthe identifiers of matters to be included in the portfolio. In anembodiment, a portfolio entry in portfolio database 304 includes thedata fields of portfolio ID and portfolio name. Additionally, a datafield for matter ID may also be included in an entry in the portfoliodatabase. Thus, each portfolio may be associated with one or morematters through the use of the matter ID data field. More or fewer datafields associated with a portfolio may be included in a portfolio entryof portfolio database 304.

In an embodiment, matter database 306 stores data representing matters.Each matter may be associated with one or more portfolios as well as oneor more watches. In some embodiments, a matter is associated with noportfolios or watches. In an embodiment, a matter entry includes datafields representing a matter ID, title (e.g., the name of the patent orapplication), type of the matter (e.g., application, issued patent,Patent Cooperation Treaty “PCT” application), status of the matter(e.g., issued, abandoned, allowed), a link to the patent office wherethe matter was filed, a link to a PDF download of the matter, abstractof the matter, inventors of the matter, current owner of the matter,cited references on the face of the matter, filed date, issue date,docket number, and annuity information (e.g., due date, country, andamount due). In some embodiments, other patent reference documents orprior art in any form may be stored and associated with one or morematters. More or fewer data fields associated with a patent may beincluded in a matter entry stored in matter database 306. In an exampleembodiment, matter database 306 may store a patent matter database,wherein this database includes data about the patent matters. The datamay include, for at least one patent matter, a claim set or statement ofinvention and a priority date for the claim set or statement ofinvention. Matter database 306 may also store a database of prior artdocuments (also known as “references”), wherein the prior art databaseincludes data about the prior art documents. The data may include, forat least one prior art document, a priority date or publication date ofthe document. One or more of the prior art documents may be associatedwith a first patent matter in the patent matter database.

In various embodiments, a matter is associated with one or more othermatters as a family with a family ID. Family members may be prioritydocuments, continuation patents/applications, divisionalpatents/applications, and foreign patent/application counterparts. In anembodiment, family information is determined according to an externalsource such as INPADOC. Patent reference documents and/or other priorart may be manually or automatically stored, cross-cited, and associatedwith related family matters, for example.

In an embodiment, watch database 308 stores data representing userpreferences with respect to objects that the user wants to track (e.g.,watch). In an embodiment, an object is a company or a matter. Withrespect to matters, a user may indicate a preference to track the matterfor any forward citations within a time period (e.g., 60 days, 3 months,etc.). Thus, watch database 308 may store entries with a watch ID thatis associated with a user ID and a matter ID. With respect to companies,a user may indicate a preference to watch for publications or issuedpatents with an associated time period. Thus, watch database 308 maystore entries with a watch ID, a user ID, and a company name. In variousembodiments, the watches are user ID specific such that no matter whatprofile the user is viewing, the watches do not change.

In an embodiment, product database 310 stores data representingproducts. The products may be actual products manufactured by the user,products yet to be released, planned products, products covered in alicensing agreement, or a fictional product. In various embodiments,product database 310 stores entries with a product ID and product name,which are associated with a user ID. In various embodiments, a user maytag a product as associated with a matter. Thus, an entry in the productdatabase may also be associated with a matter ID. In an embodiment, oneor more products stored in the product database 310 may be mapped to oneor more matters stored in the matter database 306.

In various embodiments, analytics database 312 stores data representinginformation on matters and companies associated with patent portfolioand annuity management system 102. This information may be organizedaccording to an individual matter, a portfolio, a family, or company.The information may be gathered from internal or external sources ofpatent portfolio and annuity management system 102 or may be generatedby examining the data stored in one or more databases of the managementsystem 102.

In various embodiments, information for an individual matter may includestatus (e.g., disclosure received, drafting, filed, completed-waitingexamination, in prosecution, allowed, issued), cited prior art, list andtype of rejections (e.g., 35 U.S.C. §101, 102, 103), number of claimsallowed, office action count, interviews held, Information DisclosureStatements “IDS's” statements filed, attorney fees to date, and UnitedStates Patent and Trademark Office “USPTO” (or other patent office) feesto date. Further metrics for an individual matter stored in analyticsdatabase 312 may include time waiting for examiner, total time inexamination, time waiting for PTO while in examination, and time onappeal. An additional prosecution details formatter may include upcomingdocket dates (e.g., due dates for office action, IDS due dates, etc.). Aclaim prosecution history chart may also be stored in analytics database312 for each matter. The prosecution history may include a history ofclaim amendments and arguments made in prosecution.

In various embodiments, analytics for an individual matter may alsoinclude data representing a claim chart. The claim chart may include oneor more scope concepts on one axis and claims on the other axis. In anembodiment, a scope concept is a textual description of what a patentclaim is at least limited to. Thus, if a claim comprises A, B, and C, ascope concept may be A. In various embodiments, a scope concept for theclaim may be broader than A, because the claim will still be limited tothe broader scope concept. In an embodiment, the claim charts storemappings between claims and scope concepts. The claim chart may includea variety of levels of granularity of scope concepts. Some claims may bemapped to all of the scope concepts while others may not be mapped toany scope concepts. In various embodiments, the mappings may havealready been generated in a program external to the management system(e.g., a portfolio mapping system). In various embodiments, claim chartsmay be combined at the portfolio level. Thus, a portfolio level chartmay include scope concepts for all the claims (or, in some examples,only the independent claims) in the portfolio.

In various embodiments, portfolio and family analytics information maybe stored in analytics database 312 based on aggregating the metrics foran individual matter. In an embodiment, the analytics of a family maydiffer from those in a portfolio since not all family member matters maybe part of a portfolio. Additionally, the analytics may be stored formultiple time periods such that comparisons may be made between currentmetrics and metrics from a year ago (or other time period).

Aggregated metrics may include total patents and applications, pendingand waiting for examination, in prosecution with no claims allowed, inprosecution with some claims allowed, appealed, notice of allowancereceived, and issued. These metrics may be compiled for both US andinternational matters in the portfolio. Additional information mayinclude the international portfolio distribution by country. An agedistribution of the portfolio may also be compiled. For example, theportfolio may be broken down by less than one year old, 1 to 3 yearsold, 3 to 5 years old, 5 to 10 years old, 10 to 20 years old, and 20 ormore years old. Recent filing and issue activity as well as upcomingforeign filing deadlines may be stored in analytics database 312.

In various embodiments, prosecution metrics across a portfolio or familyare determined and stored in analytics database 312. This data mayinclude matters waiting for examination, matters in examination, mattersappealed, and cases allowed but not yet issued. Analytics with respectto office actions may also be compiled and stored. For example, successof allowance after a first office action response, a second response,and the like, may be stored in analytics database 312. Additionalprosecution analytics may include allowance rate (e.g., 10%) after atelephone interview, allowance after an in-person interview, percentageof interviews with response, number and type of rejections, average timein prosecution (e.g., in months), average time to file a response, andaverage time to next office action. Further, the list of recentlyallowed cases, recently appealed cases, stalled cases, and recentlyabandoned cases may also be stored for each portfolio and family inanalytics database 312.

In various embodiments, data stored in the database for a group ofmatters in a portfolio or family is analyzed to determine the top (e.g.,ten) most cited patents, top most cited inventors, top most cited priorart owners (e.g., according to assignment documents or the face of thepatent), newly (e.g., within the last 60 days) cited prior art owners,and top most cited prior art inventors. This information may be storedin analytics database 312.

In various embodiments, annuity cost information regarding costprojections for both US issued patents and international patents mayalso be stored in analytics database 312. Upcoming foreign filingdeadlines with respect to annuities may also be stored in analyticsdatabase 312.

In various embodiments, the results of keyword analysis on one or morematters and/or prior art references may be stored in analytics database312. The keyword analysis may be based on the occurrences of thekeywords in the matter or references to derive a score or keywordoverlap.

In various embodiments, input module 314 receives data from multiplesources where it may be further processed by one or more other modulesand stored in one or more of databases 302-312. For example, inputmodule 314 may be configured to utilize one or more APIs to collect datafrom one or more external sources 120 (e.g., public PAIR, private PAIR,INPADOC, foreign patent offices, patent docketing systems, portfoliomanagement systems, etc.). The data may include published patentdocuments (for example, published claims of a patent), issued patentdocuments (for example, granted claims of a patent), patentapplications, office actions or other patent office correspondence,prior art references, claim mappings, dockets dates, and annuity paymentdata.

In various embodiments, input module 314 is configured to receive inputfrom one or more user interface elements. For example, the patentportfolio and annuity management system 102 may present multiple userinterfaces to users. These user interfaces may enable users to inputdata directly into databases 302-312, instruct the management system toretrieve data from patent data stores, and instruct the managementsystem to perform various operations on the data in databases 302-312.

Additionally, input module 314 may be configured to determine theselection of one or more user interface elements by a user and initiatethe action associated with the selected user interface element. Forexample, a user interface element may include a drop-down menu to selecta portfolio. Input module 314 may be configured to receive a selectionof the portfolio and a drop-down menu. Then, input module 314 may passthe selection to one or more other modules for further processing. Forexample, display module 320 may update the drop-down menu to indicatethe selection of a portfolio.

In various embodiments, parsing module 316 takes the data that hasinitially been inputted by input module 314 and formats it according tothe data fields of databases 302-312 as discussed above. For example,consider a patent publication that has been inputted by input module314. Parsing module 316 may use a combination of automatic imagerecognition and text analysis to determine the filing date, issue date,title, abstract, and claims of the patent. In some embodiments, parsingmodule 316 may flag certain pieces of data that had been determined tobe potentially inaccurate (e.g., a number that could not be read). Auser of patent portfolio and annuity management system 102 may thenexamine the flagged data and manually enter in the information.

The resulting data that has been parsed by parsing module 316 may thenbe entered as an entry in one or more of databases 302-312. This may beaccomplished by, for example, formulating a SQL query with the parsedinformation. In various embodiments, parsing module 316 may parsemultiple pieces of information before generating a database entry. Forexample, input module 314 may receive a docket number for an issuedpatent. The docket number may be combined with the information parsedfrom the issued patent to form an entry in matter database 306.

In various embodiments, analytics module 318 is configured to examineand run calculations on the data stored in the databases 302-312 togenerate the analytics discussed previously. For example, analyticsmodule 318 may formulate a SQL query that retrieves the number of timesthat a prior art reference has been cited within a portfolio. This querymay be run for each prior art cited within the portfolio to determine alist of the most cited (e.g., the top ten) prior art references within aportfolio. In an embodiment, the queries are formulated and run asrequested by a user. In an embodiment, once the analytics informationhas been determined, it is stored within analytics database 312. Invarious embodiments, queries are formulated and run on a period basis(e.g., nightly) and entries in analytics database 312 may be updated toreflect any changes.

In various embodiments, the analytics module 318 is configured toreceive input identifying a pool of keywords for a first patent matterand associated prior art documents in matter database 306. The termkeyword is intended to include individual keywords as well as a numberof keywords grouped together (making up a key phrase, for example). Theanalytics module 318 may be further configured to perform a keywordanalysis on the first patent matter and associated prior art documentsbased on occurrences of the keywords in the first patent matter andassociated prior art documents. The analytics module 318 may be furtherconfigured to identify, based on the analysis, keywords occurringuniquely in the first patent matter. In view of their uniquely occurringnature, these keywords may be regarded as claim elements thatpotentially differentiate the claim set or statement of invention overthe disclosures contained in the one or more prior art documents.

In various embodiments, the analytics module 318 or one or moreprocessors within analytics module 318 is configured to receive userinput directly identifying a patent continuation case to be rated, orinput identifying a patent priority or parent case indirectlyidentifying a patent continuation case to be rated and automaticallycompare the identified patent continuation case with a priority orparent patent case of the patent continuation case using one or morecomparison elements. The comparison elements may be selected from agroup comprising the number of words in at least one independent claimof the patent continuation case compared to the number of words in atleast one independent claim in the priority or parent patent case, anykeyword commonality or uniqueness between the patent continuation caseand the priority or parent patent case, the number of identifiedkeywords in the patent continuation case compared to the number of thesame keywords in priority or parent patent case, identifying any commonor unique claim limitations or elements of the patent continuation casecompared to the priority or parent patent case, and the abandonment rateof patents registered in the same technology class or subclass of thepatent continuation case.

In various embodiments, the analytics module 318 may form part of asystem comprising a network; at least one database, accessible on thenetwork, with the database including at least one database of patent andpatent continuation cases; and a server, operatively connected to thenetwork, wherein the server includes: a processor (for example, in theanalytics module 318), a memory, and software operable on the processorto receive user input directly identifying a patent continuation case tobe rated, or input identifying a patent priority or parent caseindirectly identifying a patent continuation case to be rated, andautomatically compare the identified patent continuation case with apriority or parent patent case of the patent continuation case using oneor more of the comparison elements described above.

In an embodiment, display module 320 is configured to display userinterfaces and information retrieved from one or more databases 302-312.For example, display module 320 may generate user interface 200 of FIG.2. If a user is accessing patent portfolio and annuity management system102 remotely (e.g., through a web browser), display module 320 may beconfigured to transmit data representing a user interface through anetwork to a user terminal. In various embodiments, display module 320is configured to generate one or more charts of data stored in databases302-312. For example, display module 320 may generate a pie chart of thetop 10 inventors within a portfolio.

In various embodiments, filtering module 322 is configured to filter aset of matters according to a user preference. For example, a user mayactivate a check box that indicates only pending matters should be shownin a user interface. Filtering module 322 may formulate a queryconsistent with retrieving only pending matters. The results of thequery may then be shared with display module 320, where the userinterface may be updated.

In various embodiments, mapping module 324 is configured to receive orgenerate mappings from a product to a matter. This may be accomplished,for example, by receiving a selection of a product and a matter by theuser. The product may be one or more of the products stored in productdatabase 310. In various embodiments, mapping module 324 is configuredto present an automated mapping of the product to a matter for the userto confirm or deny. For example, mapping module 324 may present a claimchart for an issued patent to a user. As discussed, the claim chartincludes one or more scope concepts to which one or more the claims ofthe patent are limited. In conjunction with input module 314, mappingmodule 324 may receive selections of the user of one or more of thescope concepts that are potentially affiliated with the product. Thus, acomparison may be made between what the claims are limited to and whatthe product may be. For example, if a product, as defined by theselection of one or more scope concepts by the user, is affiliatedtoward scope concepts A, B, and C, and claim 1 of the patent has beenmapped to scope concepts A, B, and C, the mapping module 324 may presentan option to map the product to the patent. In various embodiments, theuser may override this recommendation and select to not map the productto the patent. Similarly, a user may indicate that a product isaffiliated with the patent even if the scope concepts do not match.

In various embodiments, the mapping module 324 is configured to receiveor generate mappings from prior art to a matter. This may beaccomplished, for example, by receiving a selection of prior art and amatter by the user. The selection of the prior art may be based on citedreferences or though other external prior art search. The selections maybe conducted manually, by a user, or automatically, by analytics module318, for example. In various embodiments, mapping module 324 isconfigured to present an automated mapping of the prior art to a matterfor the user to review. In various embodiments, the mapping module 324can be configured to carry out any of the keyword analysis describedabove in relation to analytics module 318, or to map products stored inproduct database 310.

In an embodiment, once the product or prior art mapping information hasbeen determined, it is stored within analytics database 312 or matterdatabase 306. In various embodiments, queries are formulated and run ona periodic basis (e.g., nightly), and entries in analytics database 312or matter database 306 may be updated to reflect any changes.

In various embodiments, payment module 326 is configured to receiveselections, or tags, by the user of which annuities to pay for mattersin a portfolio or registry listing. Additionally, payment module 326 mayreceive user preferences related to the payment of the annuities.Payment module 326 may receive payment information from a user andforward the payment information to the appropriate agency/office. Insome embodiments, the annuity management system 102 organizes payment ofthe annuity on behalf of the user, and the user pays patent portfolioand annuity management system 102.

Any of the databases 302-312 or modules 314-326 described above may beused, or used interchangeably, or configured partially or entirely asappropriate to perform one or more of the patent management functionsdescribed herein, or as set forth below in the following method steps.

Some embodiments of the present inventive subject matter include methodsfor rating the importance of a patent continuation case by automaticallydetermining the amount of overlap between the continuation and a prioror parent case of the continuation.

One such embodiment is illustrated in FIG. 4. In this exampleembodiment, a computer-implemented method 400 of rating a patentcontinuation case compares the patent continuation case with a priorityor parent patent case of the patent continuation case. The method 400includes using one or more processors to: at block 402, receive userinput directly identifying a patent continuation case to be rated, orinput identifying a patent priority or parent case indirectlyidentifying a patent continuation case to be rated; and, at block 404automatically comparing the identified patent continuation case with apriority or parent patent case of the patent continuation case using oneor more of the following comparison elements. The comparison elementsmay be selected from a group comprising: at block 406, the number ofwords in at least one independent claim of the patent continuation casecompared to the number of words in at least one independent claim in thepriority or parent patent case; at block 408, any keyword commonality oruniqueness between the patent continuation case and the priority orparent patent case; at block 410, the number of identified keywords inthe patent continuation case compared to the number of the same keywordsin priority or parent patent case; at block 412, identifying any commonor unique claim limitations or elements of the patent continuation casecompared to the priority or parent patent case; and, at block 414, theabandonment rate of patents registered in the same technology class orsubclass of the patent continuation case.

The computer-implemented method 400 may further comprise using the oneor more automatic comparison elements in an annuity paymentrecommendation for one or more of the parent, priority or continuationpatent cases; and presenting the recommendation automatically to a userin a user interface or web page using the one or more processors.

The computer-implemented method 400 may yet further comprise using theone or more automatic comparison elements to derive a ratings value forthe patent continuation case; comparing the ratings value against athreshold ratings value; and automatically initiating or effectingpayment of an annuity payment due on the patent continuation case in theevent the ratings value meets or exceeds the threshold value.

The computer-implemented method 400 may still further compriseidentifying prior art documents cited against the parent, priority orcontinuation patent cases.

In various embodiments, use of the abandonment rate comparison elementincludes identifying so-called “102”, “X reference” or “novelty”documents cited against the parent, priority or patent continuationmatter. Use of the abandonment rate element in comparison may includethe number or percentage of granted patents allowed to lapse in a giventechnology class or subclass of the parent, priority or continuationpatent and may also indicate how this number or percentage has changedover time.

Modules, Components, and Logic

Certain embodiments are described herein as including logic or a numberof components, modules, or mechanisms. Modules may constitute eithersoftware modules (e.g., code embodied (1) on a non-transitorymachine-readable medium or (2) in a transmission signal) orhardware-implemented modules. A hardware-implemented module is atangible unit capable of performing certain operations and may beconfigured or arranged in a certain manner. In example embodiments, oneor more computer systems (e.g., a standalone, client, or server computersystem) or one or more processors may be configured by software (e.g.,an application or application portion) as a hardware-implemented modulethat operates to perform certain operations as described herein.

In various embodiments, a hardware-implemented module may be implementedmechanically or electronically. For example, a hardware-implementedmodule may comprise dedicated circuitry or logic that is permanentlyconfigured (e.g., as a special-purpose processor, such as a fieldprogrammable gate array (FPGA) or an application-specific integratedcircuit (ASIC)) to perform certain operations. A hardware-implementedmodule may also comprise programmable logic or circuitry (e.g., asencompassed within a general-purpose processor or other programmableprocessor) that is temporarily configured by software to perform certainoperations. It will be appreciated that the decision to implement ahardware-implemented module mechanically, in dedicated and permanentlyconfigured circuitry, or in temporarily configured circuitry (e.g.,configured by software) may be driven by cost and time considerations.

Accordingly, the term “hardware-implemented module” should be understoodto encompass a tangible entity, be that an entity that is physicallyconstructed, permanently configured (e.g., hardwired), or temporarily ortransitorily configured (e.g., programmed) to operate in a certainmanner and/or to perform certain operations described herein.Considering embodiments in which hardware-implemented modules aretemporarily configured (e.g., programmed), each of thehardware-implemented modules need not be configured or instantiated atany one instance in time. For example, where the hardware-implementedmodules comprise a general-purpose processor configured using software,the general-purpose processor may be configured as respective differenthardware-implemented modules at different times. Software mayaccordingly configure a processor, for example, to constitute aparticular hardware-implemented module at one instance of time and toconstitute a different hardware-implemented module at a differentinstance of time.

Hardware-implemented modules can provide information to, and receiveinformation from, other hardware-implemented modules. Accordingly, thedescribed hardware-implemented modules may be regarded as beingcommunicatively coupled. Where multiple of such hardware-implementedmodules exist contemporaneously, communications may be achieved throughsignal transmission (e.g., over appropriate circuits and buses) thatconnect the hardware-implemented modules. In embodiments in whichmultiple hardware-implemented modules are configured or instantiated atdifferent times, communications between such hardware-implementedmodules may be achieved, for example, through the storage and retrievalof information in memory structures to which the multiplehardware-implemented modules have access. For example, onehardware-implemented module may perform an operation and store theoutput of that operation in a memory device to which it iscommunicatively coupled. A further hardware-implemented module may then,at a later time, access the memory device to retrieve and process thestored output. Hardware-implemented modules may also initiatecommunications with input or output devices and can operate on aresource (e.g., a collection of information).

The various operations of example methods described herein may beperformed, at least partially, by one or more processors that aretemporarily configured (e.g., by software) or permanently configured toperform the relevant operations. Whether temporarily or permanentlyconfigured, such processors may constitute processor-implemented modulesthat operate to perform one or more operations or functions. The modulesreferred to herein may, in some example embodiments, compriseprocessor-implemented modules.

Similarly, the methods described herein may be at least partiallyprocessor-implemented. For example, at least some of the operations of amethod may be performed by one or more processors orprocessor-implemented modules. The performance of certain of theoperations may be distributed among the one or more processors, not onlyresiding within a single machine, but deployed across a number ofmachines. In some example embodiments, the processor or processors maybe located in a single location (e.g., within a home environment, anoffice environment, or as a server farm), while in other embodiments theprocessors may be distributed across a number of locations.

The one or more processors may also operate to support performance ofthe relevant operations in a “cloud computing” environment or as a“software as a service” (SaaS). For example, at least some of theoperations may be performed by a group of computers (as examples ofmachines including processors), with these operations being accessiblevia a network (e.g., the Internet) and via one or more appropriateinterfaces (e.g., APIs).

Electronic Apparatus and System

Example embodiments may be implemented in digital electronic circuitry,or in computer hardware, firmware, or software, or in combinations ofthem. Example embodiments may be implemented using a computer programproduct, e.g., a computer program tangibly embodied in an informationcarrier, e.g., in a machine-readable medium for execution by, or tocontrol the operation of, data processing apparatus, e.g., aprogrammable processor, a computer, or multiple computers.

A computer program can be written in any form of programming language,including compiled or interpreted languages, and it can be deployed inany form, including as a stand-alone program or as a module, subroutine,or other unit suitable for use in a computing environment. A computerprogram can be deployed to be executed on one computer or on multiplecomputers at one site or distributed across multiple sites andinterconnected by a communication network.

In example embodiments, operations may be performed by one or moreprogrammable processors executing a computer program to performfunctions by operating on input data and generating output. Methodoperations can also be performed by, and apparatus of exampleembodiments may be implemented as, special purpose logic circuitry(e.g., a FPGA or an ASIC).

The computing system can include clients and servers. A client andserver are generally remote from each other and typically interactthrough a communication network. The relationship of client and serverarises by virtue of computer programs running on the respectivecomputers and having a client-server relationship to each other. Inembodiments deploying a programmable computing system, it will beappreciated that both hardware and software architectures usuallyrequire consideration. Specifically, it will be appreciated that thechoice of whether to implement certain functionality in permanentlyconfigured hardware (e.g., an ASIC), in temporarily configured hardware(e.g., a combination of software and a programmable processor), or acombination of permanently and temporarily configured hardware may be adesign choice. Below are set out hardware (e.g., machine) and softwarearchitectures that may be deployed, in various example embodiments.

Example Machine Architecture and Machine-Readable Medium

FIG. 5 is a block diagram of machine in the example form of a computersystem 500 within which instructions for causing the machine to performany one or more of the methodologies discussed herein may be executed.In alternative embodiments, the machine operates as a standalone deviceor may be connected (e.g., networked) to other machines. In a networkeddeployment, the machine may operate in the capacity of a server or aclient machine in server-client network environment, or as a peermachine in a peer-to-peer (or distributed) network environment. Themachine may be a personal computer (PC), a tablet PC, a set-top box(STB), a PDA, a cellular telephone, a web appliance, a network router,switch or bridge, or any machine capable of executing instructions(sequential or otherwise) that specify actions to be taken by thatmachine. Further, while only a single machine is illustrated, the term“machine” shall also be taken to include any collection of machines thatindividually or jointly execute a set (or multiple sets) of instructionsto perform any one or more of the methodologies discussed herein.

The example computer system 500 includes a processor 502 (e.g., acentral processing unit (CPU), a graphics processing unit (GPU) orboth), a main memory 504 and a static memory 506, which communicate witheach other via a bus 508. The computer system 500 may further include avideo display unit 510 (e.g., a liquid crystal display (LCD) or acathode ray tube (CRT)). The computer system 500 also includes analphanumeric input device 512 (e.g., a keyboard), a user interface (UI)navigation or cursor control device 514 (e.g., a mouse), a disk driveunit 516, a signal generation device 518 (e.g., a speaker) and a networkinterface device 520.

Machine-Readable Medium

The disk drive unit 516 includes a machine-readable medium 522 on whichis stored one or more sets of data structures and instructions 524(e.g., software) embodying or utilized by any one or more of themethodologies or functions described herein. The instructions 524 mayalso reside, completely or at least partially, within the main memory504 and/or within the processor 502 during execution thereof by thecomputer system 500, with the main memory 504 and the processor 502 alsoconstituting machine-readable media.

While the machine-readable medium 522 is shown in an example embodimentto be a single medium, the term “machine-readable medium” may include asingle medium or multiple media (e.g., a centralized or distributeddatabase, and/or associated caches and servers) that store the one ormore data structures or instructions 524. The term “machine-readablemedium” shall also be taken to include any tangible medium that iscapable of storing, encoding, or carrying instructions for execution bythe machine and that cause the machine to perform any one or more of themethodologies of the embodiments of the present invention, or that iscapable of storing, encoding or carrying data structures utilized by orassociated with such instructions. The term “machine-readable medium”shall accordingly be taken to include, but not be limited to,solid-state memories and optical and magnetic media. Specific examplesof machine-readable media include non-volatile memory, including by wayof example semiconductor memory devices (e.g., Erasable ProgrammableRead-Only Memory (EPROM), Electrically Erasable Programmable Read-OnlyMemory (EEPROM), and flash memory devices); magnetic disks such asinternal hard disks and removable disks; magneto-optical disks; andCD-ROM and DVD-ROM disks.

Transmission Medium

The instructions 524 may further be transmitted or received over acommunications network 526 using a transmission medium. The instructions524 may be transmitted using the network interface device 520 and anyone of a number of well-known transfer protocols (e.g., HTTP). Examplesof communication networks include a LAN, a WAN, the Internet, mobiletelephone networks, Plain Old Telephone (POTS) networks, and wirelessdata networks (e.g., WiFi and WiMax networks). The term “transmissionmedium” shall be taken to include any intangible medium that is capableof storing, encoding or carrying instructions for execution by themachine, and includes digital or analog communications signals or otherintangible media to facilitate communication of such software.

Non-Limiting Embodiments

Although an embodiment has been described with reference to specificexample embodiments, it will be evident that various modifications andchanges may be made to these embodiments without departing from thebroader spirit and scope of the disclosure. Accordingly, thespecification and drawings are to be regarded in an illustrative ratherthan a restrictive sense. The accompanying drawings that form a parthereof show by way of illustration, and not of limitation, specificembodiments in which the subject matter may be practiced. Theembodiments illustrated are described in sufficient detail to enablethose skilled in the art to practice the teachings disclosed herein.Other embodiments may be utilized and derived therefrom, such thatstructural and logical substitutions and changes may be made withoutdeparting from the scope of this disclosure. This Detailed Description,therefore, is not to be taken in a limiting sense, and the scope ofvarious embodiments is defined only by the appended claims, along withthe full range of equivalents to which such claims are entitled.

Such embodiments of the inventive subject matter may be referred toherein, individually and/or collectively, by the term “invention” merelyfor convenience and without intending to voluntarily limit the scope ofthis application to any single invention or inventive concept if morethan one is in fact disclosed. Thus, although specific embodiments havebeen illustrated and described herein, it should be appreciated that anyarrangement calculated to achieve the same purpose may be substitutedfor the specific embodiments shown. This disclosure is intended to coverany and all adaptations or variations of various embodiments.Combinations of the above embodiments, and other embodiments notspecifically described herein, will be apparent to those of skill in theart upon reviewing the above description.

Note on the Abstract

The Abstract of the Disclosure is provided to comply with 37 C.F.R.§1.72(b), requiring an abstract that will allow the reader to quicklyascertain the nature of the technical disclosure. It is submitted withthe understanding that it will not be used to interpret or limit thescope or meaning of the claims. In addition, in the foregoing DetailedDescription, it can be seen that various features are grouped togetherin a single embodiment for the purpose of streamlining the disclosure.This method of disclosure is not to be interpreted as reflecting anintention that the claimed embodiments require more features than areexpressly recited in each claim. Rather, as the following claimsreflect, inventive subject matter lies in less than all features of asingle disclosed embodiment. Thus the following claims are herebyincorporated into the Detailed Description, with each claim standing onits own as a separate embodiment.

What is claimed is:
 1. A computer-implemented method of rating a patentcontinuation case by comparing the patent continuation case with apriority or parent patent case of the patent continuation case, themethod comprising using one or more processors to: receive user inputdirectly identifying a patent continuation case to be rated, or inputidentifying a patent priority or parent case indirectly identifying apatent continuation case to be rated; and automatically comparing theidentified patent continuation case with a priority or parent patentcase of the patent continuation case using one or more of the followingcomparison elements selected from a group comprising: the number ofwords in at least one independent claim of the patent continuation casecompared to the number of words in at least one independent claim in thepriority or parent patent case, any keyword commonality or uniquenessbetween the patent continuation case and the priority or parent patentcase, the number of identified keywords in the patent continuation casecompared to the number of the same keywords in priority or parent patentcase, identifying any common or unique claim limitations or elements ofthe patent continuation case compared to the priority or parent patentcase, and the abandonment rate of patents registered in the sametechnology class or subclass of the patent continuation case.
 2. Thecomputer-implemented method of claim 1, further comprising: using theone or more automatic comparison elements in an annuity paymentrecommendation for one or more of the parent, priority or continuationpatent cases; and presenting the recommendation automatically to a userin a user interface or web page using the one or more processors.
 3. Thecomputer-implemented method of claim 1, further comprising: using theone or more automatic comparison elements to derive a ratings value forthe patent continuation case; comparing the ratings value against athreshold ratings value; and automatically initiating or effectingpayment of an annuity payment due on the patent continuation case in theevent the ratings value meets or exceeds the threshold value.
 4. Thecomputer-implemented method of claim 1, further comprising: identifyingprior art documents cited against the parent, priority or continuationpatent cases.
 5. A system for rating a patent continuation case bycomparing the patent continuation case with a priority or parent patentcase of the patent continuation case, the system including one or moreprocessors to: receive user input directly identifying a patentcontinuation case to be rated, or input identifying a patent priority orparent case indirectly identifying a patent continuation case to berated; and automatically compare the identified patent continuation casewith a priority or parent patent case of the patent continuation caseusing one or more of the following comparison elements selected from agroup comprising: the number of words in at least one independent claimof the patent continuation case compared to the number of words in atleast one independent claim in the priority or parent patent case, anykeyword commonality or uniqueness between the patent continuation caseand the priority or parent patent case, the number of identifiedkeywords in the patent continuation case compared to the number of thesame keywords in priority or parent patent case, identifying any commonor unique claim limitations or elements of the patent continuation casecompared to the priority or parent patent case, and the abandonment rateof patents registered in the same technology class or subclass of thepatent continuation case.
 6. A system for rating a patent continuationcase by comparing the patent continuation case with a priority or parentpatent case of the patent continuation case, the system comprising: anetwork; at least one database, accessible on the network, the databaseincluding at least one database of parent, or priority or patentcontinuation cases; and a server, operatively connected to the network,wherein the server includes: a processor, a memory, software operable onthe processor to: receive user input directly identifying a patentcontinuation case to be rated, or input identifying a patent priority orparent case indirectly identifying a patent continuation case to berated; and automatically comparing the identified patent continuationcase with a priority or parent patent case of the patent continuationcase using one or more of the following comparison elements selectedfrom a group comprising: the number of words in at least one independentclaim of the patent continuation case compared to the number of words inat least one independent claim in the priority or parent patent case,any keyword commonality or uniqueness between the patent continuationcase and the priority or parent patent case, the number of identifiedkeywords in the patent continuation case compared to the number of thesame keywords in priority or parent patent case, identifying any commonor unique claim limitations or elements of the patent continuation casecompared to the priority or parent patent case, and the abandonment rateof patents registered in the same technology class or subclass of thepatent continuation case.